DWI Arrest and H1B Prudentially Revoked Need Suggestions

[nishant571]

Hi All,

I got DWI and arrested for 0.16% on Feb15th which was on my Birthday it was unlucky went to jail on my Birthday and then released after 10hours of jail life.
They took my Fingerprints and photos and given warrant letter before release from jail.

My Court Date is on April 22nd First hearing. I had contacted my Employer Immigration Attorney about my DWI and VISA Revoke and still waiting on there response.


Incident scene cop pulled over due to over speeding of 17 on 35 road speed. He identified that I was Drunked and asked me to come outside for simple test.
I answered him in a very confident manner and obeyed the rules and taken few test like


1. Straight line walking front and backside

2. Eye Test

3. Breath Analyzer


From above 3 I failed and then they took me to the PS where they again checked the breathing test and identified it was 0.16%. After that they arrested and took me to Jail.


My question related to the H1b VISA /GC


1. I'm on my H1B visa and valid until Sep 2020 can I work Legally in US since my visa has been Prudentially Revoked?

2. Will it Effect my H1B extension or GC filing process which I'm going to start after the case is closed or dismissed?

3. In Worst case my H1b extension is denied can I change my status to F1 Student visa legally in USA before Sep 2020?

Please suggest Me how to Avoid unnecessary charges/jail time and License revoke? I had talked with Criminal attorney and said I need to plea guilty for this and minimum of 5days jail period after judgement.

I lost all hopes and ruined my carrier on my Birthday


Please suggest and guide me what to do next.


Thank you for your patience.

Nishant

[Omar123]

Hi Nishant,

First thing first. With my experience, i would highly recommend you to hire a criminal attorney who can defend your DUI case and try your best so the case is dropped to lower conviction or may be dismissed without criminal conviction. So worth paying to attorney, you should do this right now.
Secondly your visa is revoked but you are still legal to work in US as far as your petition date is still valid. But don't ever think of leaving USA. Once you leave USA you have to go for new visa stamping and it will delay your return from weeks to months. Believe me i am going through this delay since Nov 2018 .
So my advice will be to stay in USA till you can and fight your case.
Let me know if you have any other questions.

[engtrack]

Omar123
i am on h1b going thru tough period while i am accused for hit and run
pls let me know if you know any good immigration attorney..
i already have a defense attorney. I am in Los angeles, California.

[Pbel]

Hi Nishanth, any update on this?